The defendant, James David Moats, stands convicted of driving under the influence (“DUI”), fourth or greater offense, a Class E felony. The trial court sentenced him as a Range I, standard offender to two years in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred by denying his motion to suppress and motion for judgment of acquittal. Following our review, we conclude that under the facts of this case the police officer seized the defendant when she pulled up behind the defendant’s parked vehicle and activated her blue emergency lights. We further conclude that the officer did not have a reasonable suspicion of criminal activity to justify the seizure. As such, the trial court erred by denying the defendant’s motion to suppress evidence, and we reverse the judgment of the trial court.
Case Number: E2010-02013-CCA-R3-CD
Originating Judge: Judge Carroll L. Ross
Case Name: State of Tennessee v. James David Moats
Dissent or Concur: No
Download PDF Version: moatsjamesdavidopn.pdf100.74 KB